Siddanagouda S/O Doddagouda Patil Vs Narayana S/O Namadev Sathe

THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. BIDARI COMPLEX, 1^ST FLOOR, S.S. FRONT ROAD, BIJAPUR, THROUGH ITS DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.

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…RESPONDENTS

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(BY SRI M.K. SOUDAGAR, ADVOCATE FOR R2, NOTICE TO R1 IS SERVED)

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NC: 2025:KHC-D:131 MFA No. 103418 of 2014 C/W MFA No. 102367 of 2014 MFA No. 100540 of 2015

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD PASSED BY SENIOR CIVIL JUDGE & MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, IN MVC.NO.1999/2012 DATED 09.06.2014, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN M.F.A NO.102367 OF 2014

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BETWEEN:

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THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BIDARI COMPLEX, 1^ST FLOOR, S.S. FRONT ROAD, BIJAPUR THROUGH ITS DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI, REP: BY DEPUTY MANAGER, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI.

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…APPELLANT

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(BY SRI M.K. SOUDAGAR, ADVOCATE)

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AND:

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SMT. SHRIDEVI W/O. MALLANGOUDA PATIL, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. AVARADI, TQ: BAILHONGAL, DIST: BELAGAVI.

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SRI NARAYAN NAMADEV SATHE, AGE: MAJOR, OCC: BUSINESS, R/O. TORAVI, TQ: AND DIST: BIJAPUR.

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…RESPONDENTS (BY SRI HANAMANT R.LATUR, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED 09.06.2014, PASSED IN MVC.NO.1999/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MACT., BAILHONGAL AND ETC.,

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NC: 2025:KHC-D:131 MFA No. 103418 of 2014 C/W MFA No. 102367 of 2014 MFA No. 100540 of 2015

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IN M.F.A NO.100540 OF 2015

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BETWEEN:

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SIDDANAGOUDA S/O. DODDAGOUDA PATIL, AGE: 32 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: AVARADI, TQ: BAILHONGAL, DIST: BELAGAVI.

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.…APPELLANT

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(BY SRI H.R. LATUR, ADVOCATE)

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AND:

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SRI NARAYANA S/O. NAMADEV SATHE, AGE: 50 YEARS, OCC: BUSINESS, R/O. TORAVI, TQ. AND DIST: VIJAYAPURA.

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THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BIDARI COMPLEX, 1^ST FLOOR, S.S. FRONT ROAD, BIJAPUR, THROUGH ITS DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.

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…RESPONDENTS (BY SRI M.K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 09.06.2014 PASSED IN MVC NO.2013/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL BAILHONGAL AND ETC.,

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THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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These appeals are preferred against the common

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judgment and award dated 09.06.2014 passed in MVC Nos.1999/12 and 2013/2012, on the file of Senior Civil Judge and Additional M.A.C.T, Bailhongal (for short, ‘Tribunal’).

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No.100540/2015 are filed by the claimants seeking enhancement of compensation.

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MFA No.102367/2014 is filed by the insurance company praying to reduce the quantum of compensation in MVC No.1999/2012 (MFA No.103418/2014).

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Heard the arguments and perused the material placed before the Court.

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The occurrence of accident, injuries sustained

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by the claimants, coverage of insurance are not in dispute in this case.

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Brief facts leading to file these appeals are that on 20.11.2011, the appellant/claimant in MVC No.2013/2012 was proceeding on the motorcycle bearing Reg.No.KA-24/L-1512 towards his village Avaradi from Dhavaleshwar. At that time the appellant/claimant in MVC No.1999/12 was the pillion rider. The petitioner in MVC No.2013/2012 was riding the Motorcycle in a moderate speed, after observing the road traffic rules on the left side of the road. While going so, when they came near the busstand of Chinchakhindi K.D. village on Mudhol road within the limits of Lokapur Police station, at that time at about 17-30 hours, the driver of Tractor Trailer bearing Reg.No.KA-28/A-4197 owned by respondent No.1 came from opposite direction in a rash and negligent manner in

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a high speed so as to endanger human life and dashed against KSRTC Bus bearing Reg.No.KA-23/F-625 and then

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dashed to another vehicle bearing Reg.No.KA-29/A-3952

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and finally dashed to the motorcycle of the petitioners and

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thereby caused accident.

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MFA No.103418/2014 (MVC No.1999/2012)

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In the present case, all particulars on record

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have proved that the claimant has suffered following injuries.

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i. Right eye echymosis present.

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ii. CLW over right supra orbital region.

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iii. Comminuted fracture lateral wall of right orbit bone.

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In this case, the tribunal has awarded

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compensation under various heads as under:

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SL.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Pain and suffering	50,000/-
2.	Loss of amenities and future unhappiness	20,000/-
3.	Medical expenses incurred	20,000/-
4.	Incidental expenses	10,000/-
5.	Loss of income during laid up and rest period	5,000/-
6.	Loss of future income	2,70,000/-
7.	Future medical expenses	---
	Total Compensation	3,75,000/-

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The quantum of compensation awarded under

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the head loss of future income is on lesser side. Since the

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notional income adopted is on lesser side, therefore, on this head, claimant is entitled to adequate compensation and on other heads, the quantum of compensation awarded is correct.

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PW-3 and 4 who are Doctor and Orthopedic surgeon have stated that the claimant has suffered loss of 30% of eye vision and also due to comminuted fracture lateral wall of the right orbit bone, the claimant has suffered disability to the extent of 25%. The Tribunal has taken 20% of permanent physical and functional disability by holding notional income at Rs.5,000/- per month and by adding 50% of income towards future prospectus, awarded compensation of Rs.2,70,000/- under the head

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loss of future earning due to disability. The accident occurred on 20.11.2011, therefore, notional income would be Rs.6,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. Since the claimant has suffered significant disability to the eyes and also suffered comminuted fracture. Therefore, it is just

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and proper to take 22% as functional disability and 40% of

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income is to be added towards loss of future prospects in life but not 50%.

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The claimant was aged 38 years at the time of

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accident. Therefore, the appropriate multiplier is ‘15’. Therefore, loss of future income due to disability is reassessed as under:

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Rs.6000 + 40% x 12 x 15 x 22% = Rs.3,32,640/-

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Further, the quantum of compensation awarded

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under other heads by the tribunal is found to be correct.

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Hence, the claimant is entitled for total compensation

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under various heads as under:

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SL.NO.	PARTICULARS	AMOUNT(IN.RS.)
1.	Pain and suffering	50,000
2.	Loss of amenities and future unhappiness	20,000
3.	Medical expenses incurred	20,000
4.	Incidental expenses	10,000
5.	Loss of income during laid up and rest period	5,000
6.	Loss of future income	3,32,640
7.	Future medical expenses	---
	Total Compensation	4,37,640

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Therefore, the claimant is entitled for total compensation of Rs.4,37,640/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,75,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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MFA No.102367/2014

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In this case though the insurance company has contended that the claimant has not suffered disability, but on considering the Doctors evidence that the loss of 30% of eye sight is significant one affecting the agricultural work of the claimant. Just because, the fracture is of orbital bone, it cannot be said that the claimant has not suffered disability. Agricultural work requires physical strength apart from the work home making in the home. Therefore, the claimant has suffered significant disability. Hence, the appeal filed by the insurance company is liable to be dismissed.

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NC: 2025:KHC-D:131 MFA No. 103418 of 2014 C/W MFA No. 102367 of 2014 MFA No. 100540 of 2015

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MFA No.100540/2015(MVC No.2013/2012)

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In this case, from the medical evidence on

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record it is proved that the claimant had suffered the following injuries.

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i. Tiny Hemorrhagic contusion over bilateral frontal region.

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ii. Bleed noted in body of left lateral ventricle.

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iii. CLW over left parietal region.

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iv. CLW over right knee.

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The Tribunal has awarded global compensation

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of Rs.50,000/-. Upon considering the claimant has spent Rs.15,773/- towards medical expenses and hospital charges, the claimant is entitled to enhanced compensation marginally considering the nature of injury sustained and medical expenses spent. Therefore, it is just and proper to award additional global compensation of Rs.20,000/- in addition to what has been awarded by the tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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Therefore, the appeals filed by the claimants

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are liable to be allowed in part and the appeal filed by the insurance company is liable to be dismissed.

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In the result, I proceed to pass the following:

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ORDER

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i) MFA No.103418/2014 and 100540/2015 are allowed in part.

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ii) MFA No.102367/2014 is dismissed.

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iii) The judgment and awards dated 09.06.2014, passed by the Senior Civil Judge and Addl. M.A.C.T, Bailhongal, in MVC Nos.1999/12 and 2013/2012, stand modified.

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iv) The claimant in MFA No.103418/2014 is entitled for total compensation of Rs.4,37,640/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.3,75,000/awarded by the tribunal.

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v) The claimant in MFA No.100540/2015 is entitled for additional global compensation of Rs.20,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to what has been awarded by the tribunal.

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